Update on Marvin Schur's tragic death

Timothy Smith
Attorney
(866) 735-1102 Ext 400
Posted by Timothy SmithJanuary 27, 2009 1:21 PM

If you read my prior post on this tragedy in Bay City, I found some updated information about how and why this happened.

1. The "limiter" device had been in use through DTE in Metro Detroit, but they stopped after the Michigan Public Service Commission recommended against their use.

2. This is the first time in 18 years that the deputy chief medical examiner in Oakland County performed an autopsy on someone who died from hypothermia inside a building.

3. The limiter shut power to the residence off shortly after installation and was never reset.

4. Neighbors of Marvin Schur believe that the workers from Bay City who in stalled the "limiter" failed to advise him on resetting it if it did shut off.

5. Neighbors of Marvin Schur believe the 93 year old gentleman may have had difficulty understanding directions regarding the limiter if the Bay City workers tried to explain the device due to possible early stage dementia.

6. When Marvin Schur's body was discovered by the neighbors, the overdue electrical bill was sitting on his kitchen table......... with some cash clipped to it so that he could pay his bill.

I light of the gross negligence by Bay City officials, who many say are directly responsible for Marvin Schur's death, the officials are probably glad that Mr. Schur was an elderly widower who had no children. They probably are quietly hoping that if there are no surviving family members, that there will be no-one to hold them accountable in a court of law for killing Marvin Schur.

In Michigan, Marvin Schur's estate would have the right to bring an action against Bay City and those that were responsible. The personal representative would be named in his will. If Marvin died intestate [without a will], then any descendent's of his parents - such as nieces and nephews of Marvin Schur- would have legal standing to bring the claim and hold the City accountable.

7 Comments

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Ben Dover
Posted by Ben Dover
January 29, 2009 1:44 PM

This man's death is indeed a tragedy, but it is not the job of Bay City workers or officials to check on him or knock on his door when he doesn't pay his bills. As long as they left him enough electrical capacity to run his furnace and nominal appiances and informed him on how to reset the limiter on his meter they were quite reasonable. If you insist that someone is to blame consider that the man's family should have been the ones looking in on him. The article I read spoke of at least one nephew who lives in the area. If the man had dimentia (or even if he didn't) why is a 93 year old man left alone in winter without any family of friends checking on his well being for days at a time? Admittedly there may be a good answer to that question and this may be just one of those sad things that happens, but I'm sick of this idea that it's the government's job to take care of us. No, it's our job to take care of our own.

Tim Smith
Posted by Tim Smith
January 29, 2009 2:02 PM

Dear Ben [Mr. Dover?];

Your suggestion that we need to look out for our own is exactly what I recommended in my first posting on this issue.

More ...

But, if city worker's hooked up a limiter in the middle of winter to the home of an elderly single man and they didn't:

1. explain to him that it's there
2. explain to him how it works
3. explain to him how to turn it back on when it shuts your electricity off [which they are supposed to do, but neighbors in this case say they didn't]
4. make sure he understands what they are saying so that it's safe to leave him there in the middle of winter. [neighbors don't believe the City did this either]
......then, I think Bay City failed Marvin Schur.

As far as family, he was a widower and he and his wife had no children.

For the citizens of Bay City, I think your last comment is absolutely correct, when the Bay City places it's citizens in harm's way, "it's our job to take care of our own".

-Tim Smith

Billie
Posted by Billie
January 30, 2009 12:15 PM

I have read and read about this, it makes me a little sick to my stomache that everyone is passing the buck. Someone is responsible for Mr. Schurs death, its just a matter of someone saying they screwed up or dropped the ball.
Mr. Schur was WWII vet, he fought for the freedom these people are sitting and enjoying.. but they will not even give him enough respect, even after death, to say that it was wrong.
Yes maybe his neighbors, or nephew could have checked on him a few times a day, but then the person who was sent out to put the limiter on could have made a point to explain it to him, had the person done that he/she would have seen this was a 93 yr old man and tried to get him some help, the electric company could have seen that he had paid his bills on time for the past 50 yrs, and maybe tried to find out from him what was going on.. because after 50 yrs of service to him they should have known that he was elderly.. not to mention that would have been customer care..to look at his history and see it was paid on time for 50 yrs and suddenly not for 4 months.. how about some reward for paying on time for 50 yrs, and a little consideration??
I hope that everyone involved is proud of themselves, they killed a 93 yr old man, who fought for their rights to sit on their butts in thier comfy offices and decide if he was going to have electric or not.. they can continue to place blame on the community or whoever, one day they will have to answer to this to a higher power.
I think his life was worth more than $1100, appearently they did not.
Mr. Marvin Schur you sound like a brave, proud man. Thank you for fighting for my right to be able to say what I think. I hope you are dancing with your wife in heaven.

Dan
Posted by Dan
January 30, 2009 4:08 PM

If you're angry about Marvin Schur you can contact Bay City and let it be known. There is contact information for them in this video:



H Sparks
Posted by H Sparks
February 05, 2009 11:47 AM

This man served his country and his government in World War II as a medic, of all things! He likely endured exploding artillery shells, bullets whizzing by, his buddies screaming in agony, and was even wounded himself (so I've read), all to help save lives. Even his frugal lifestyle in order to contribute to the saving of more lives demonstrates the unselfish values this man held.

Whoever says that the government shouldn't be responsible for taking care of this man should be ashamed! Whoever points the finger at Mr. Schur's closest living relative should be ashamed! This very man may have saved the life of your father, uncle, grandfather, or some other family member who served in the war! As far as I'm concerned that makes Marvin Schur EVERYONE'S responsibility! This should NOT have happened! He should NOT have died this way!
It's a shame that the law comes down hard on someone for neglecting a pet, especially if that pet dies as a result, but Mr. Schur's death results in the electric company considering reviewing it's policies. What the h*ll is wrong with people these days?

Darren Wilson
Posted by Darren Wilson
February 05, 2009 1:23 PM

Well said, H Sparks. I agree with you completely. The "Great Generation's" heroes were regular people with extraordinary guts who made sacrifices that are hard for us to fathom today. Mr. Schur and our other veterans deserve much better. (My grandfathers served, my father served and my brother is still in Iraq. I hope we take better care of them and their fellow vets when they need it.)

America pays all kinds of lip service to celebrating and supporting the troops abroad and at home, but when it comes to paying for their health care (Walter Reed), mental health treatment, or providing elder care (what was Mr. Schur to do, "get a job?"), too many of them are told to pound sand.

christy
Posted by christy
February 05, 2009 6:06 PM

i too, agree, that Mr Schru's death and the way it happened is a tragedy beyond words...how dare anyone try to blame anyone else for this senseless outcome...and i too, thank Mr. Schur, for the commitment and labor he demonstrated as a vetern in the war--how dare you bay city officials to try and push the blame for this hero's senseless death on any one else!!! i hope this comes back to bite you big time in the butts--never mind the question, "what if this was a member or your family that this happened too, which in reality it was if you stop, put your self righteos pride aside and think about it for a minute"---i'm so angry to learn about this unforunate and agin senseless outcome that it makes me want to puke--God, what in the world has this world come to?

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